Tuesday, April 25, 2017

The widow of Mark Mayfield wants to ask a Madison County attorney some questions concerning his involvement in the Rose Cochran "nursing home scandal" that took place in the 2014 Senate race. Robin Mayfield filed a complaint for discovery against Richard Wilbourn in Madison County Chancery Court on January 18, 2017. Mr. Mayfield committed suicide after he was arrested for allegedly participating in a plot to use pictures of a vegetative Rose Cochran in a campaign video attacking Senator Thad Cochran. Earlier post on arrest.
The complaint recites the circumstances surrounding Mr. Mayfield's arrest. It then makes several allegations regarding Mr. Wilbourn. Mr. Wilbourn was listed on the prosecution's witness list in the Clayton Kelly case. The complaint alleges:

14. On information and belief, Richard Wilbourn, III ("Wilbourn"), among other things, may have engaged in negligent and/or tortious actions that harmed Mr. Mayfield and his business, embarrassed and humiliated him, caused severe emotional distress, and caused his death.

15. For example, on information and belief, Wilbourn was actively involved in and contributed to conceiving, planning, orchestrating, and/or executing the act of obtaining photographs of Rose Cochran at the nursing home.

16. Upon information and belief when Mr. Mayfield was contacted by Mr. John Mary to assist Mr. Clayton Kelly with taking photographs of Mrs. Cochran, Mr. Mayfield refused to participate in the taking of any photographs, but Wilbourn was interested in helping. When Mr. Mayfield went to the nursing home to clean out his mother's room after her death, Wilbourn accompanied Mr. Mayfield for the purpose of locating Mrs. Cochran's room.

17. Therefore, Wilbourn has information, knowledge, and other evidence relevant to the events leading up to and surrounding Mark Mayfield's death. However, Plaintiffs are effectively prohibited from obtaining such information and evidence except through discovery.

18. Based on the foregoing, the Plaintiffs are attempting to ascertain what, if any, causes of action are available, including, without limitation, those that may arise out of negligent, reckless and/or intentional actions, possibly including negligent, reckless and/or intentional infliction of emotional distress, wrongful death, and other negligent, grossly negligent, reckless and/or intentional torts.

19. As the Plaintiffs are obligated to ascertain what, if any, causes of action are available, they accordingly file this Complaint for Discovery so that certain evidence, including deposition testimony and documents, including but not limited to those described in the list attached hereto as Exhibit ''A," can be accumulated and reviewed.

All Madison County Chancellors recused themselves from the case. The Mississippi Supreme Court appointed Chancellor Carter Bise of the Eighth Chancery District to hear the case.

Mr. Wilbourn moved to dismiss the complaint. A similar complaint was apparently filed in Hinds County Chancery Court but was sealed and dismissed. The motion to dismiss states:

5. Further, on March 10, 2017, the same day that Defendant was first served with a copy of the complaint, Plaintiffs served Wilbourn with a subpoena duces tecum issued on March 9, 2017 [Doc. 6] (the “Madison Subpoena”). The Madison Subpoena is identical to the subpoena served on Wilbourn in the Hinds County action – and quashed by the Hinds County Chancery Court on January 18, 2017. The Madison Subpoena commands Mr. Wilbourn both to appear for a deposition on April 6, 2017, and produce within fourteen days several broad categories of documents related to Wilbourn’s law practice, phone records, and other sensitive matters, well before the time afforded Defendant to file his responsive pleading to Plaintiffs’ complaint.

He also argues the complaint is "overbroad" and that the plaintiffs are seeking confidential correspondence he may have had with clients and law enforcement officials. He also asked the court to award him attorney's fees. He is represented by attorney Cory Wilson.

Mr. Wilbourn also filed a motion to seal the case yesterday. He argued

4. As discussed in his motion to dismiss, Defendant contends that this action is an improper use of the ancient “bill of discovery” and should be dismissed. Whether this Court grants Defendant’s motion to dismiss or not, Mr. Wilbourn respectfully requests that this Court seal the court file...

5. This action is a matter involving private litigants, unseemly allegations, and purported investigative “discovery” of confidential and business sensitive information, purportedly sought by Plaintiffs to assess whether or not they have any viable claims. The Plaintiffs’ “Complaint for Discovery” alleges that Mr. Wilbourn “may have engaged in negligent and/or tortious actions that harmed Mr. Mayfield and his business, embarrassed and humiliated him, cause severe emotional distress, and caused his death.” Complaint [Doc. 3], at 3 (¶ 14) (emphasis added). From that conjecture, the complaint goes on to allege other repugnant and prejudicial things against Mr. Wilbourn, but no actual dispute or claims.

Kingfish note: Here is probably the information that Mrs. Mayfield is probably going after in her lawsuit. Marin Cogan reported in a New York Magazine story about Mayfield's death:

On the Tuesday before Mayfield was arrested, as he and Robin lay in bed, she decided she’d had enough of his tossing and turning and demanded to know what was going on. “You know that Kelly guy who was arrested?” he told her. “Well, I’m involved in that somehow.” Mayfield explained that Mary had approached him about taking the photo. According to Robin, Mayfield said he wouldn’t do it but that he could set Kelly up with a friend — another attorney — who could help him out. When Mayfield went to the nursing home to clean out his mother’s room after her death, the attorney accompanied him. Mayfield showed him where Rose Cochran’s room was located, and the attorney then explained the location to Kelly over the phone, using a blocked number. (The attorney was never arrested or charged with any crime.) Rest of post.

Dear Chancellor: Please read up on Gannett v. Hand. You might be seeing that case again.

A complaint for discovery is when you don’t have enough info to file a regular complaint or you can’t get what you need through regular discovery. It just asks for information. Either the Mayfields want something they can’t get through regular discovery or they’re just fishing.

Bill of Discovery was basically just outlawed by the Supreme Court in a recent decision. It helped Plaintiff's lawyers too much so it had to go. If Wilbourn's attorney has read the decision a Motion to Dismiss should be coming.

McDaniel is no more involved/connected or related to this bullshit than Mother Theresa was. Actually SHE was more connected since it was a Catholic facility. You Tea Party haters need to find another tree up which to bark.

I would be glad to send you the legal description on the land in Utah (although there is no ocean frontong it) but I can't get the code for your tin-foil hat. (Maybe you need to adjust the rooftop antenna on your bunker.) But I'm notsure I want to enter that arrangement anyway - your being in the tank so deep you would probably stiff me lIke Christy stifed his attorney Tyner.

Can't stand McDaniel, but Tyner's a good guy. Hope he got paid.Now McDaniel's going after Wicker's seat??!!! Give it a rest. Wicker is conservative enough while being reasonable. I pray that McDaniel NEVER makes it to higher office. He would cause nothing but harm and deadlock.

3:47 feels that 'Wicker is conservative enough'. I stopped reading right there. Wicker is about equally as conservative as John McCain.

Oh, wait...you mentioned 'deadlock'. You mean like the 'deadlock' we are now in over people like Wicker, Cochran, McCain, Graham and forty other RINOs have us in over the lies they told to get re-elected. "My first effort, upon re-election, will be to support the overturn of Obamacare...........".

Who is the Hottest Reporter in Jackson?

Trollfest '09

Trollfest '07 was such a success that Jackson Jambalaya will once again host Trollfest '09. Catch this great event which will leave NE Jackson & Fondren in flames. Othor Cain and his band, The Black Power Structure headline the night while Sonjay Poontang returns for an encore performance. Former Frank Melton bodyguard Marcus Wright makes his premier appearance at Trollfest singing "I'm a Sweet Transvestite" from "The Rocky Horror Picture Show." Kamikaze will sing his new hit, “How I sold out to da Man.” Robbie Bell again performs: “Mamas, don't let your babies grow up to be Bells” and “Any friend of Ed Peters is a friend of mine”. After the show, Ms. Bell will autograph copies of her mug shot photos. In a salute to “Dancing with the Stars”, Ms. Bell and Hinds County District Attorney Robert Smith will dance the Wango Tango.

Wrestling returns, except this time it will be a Battle Royal with Othor Cain, Ben Allen, Kim Wade, Haley Fisackerly, Alan Lange, and “Big Cat” Donna Ladd all in the ring at the same time. The Battle Royal will be in a steel cage, no time limit, no referee, and the losers must leave town. Marshand Crisler will be the honorary referee (as it gives him a title without actually having to do anything). Meet KIM Waaaaaade at the Entergy Tent. For five pesos, Kim will sell you a chance to win a deed to a crack house on Ridgeway Street stuffed in the Howard Industries pinata. Don't worry if the pinata is beaten to shreds, as Mr. Wade has Jose, Emmanuel, and Carlos, all illegal immigrants, available as replacements for the it. Upon leaving the Entergy tent, fig leaves will be available in case Entergy literally takes everything you have as part of its Trollfest ticket price adjustment charge.

Donna Ladd of The Jackson Free Press will give several classes on learning how to write. Smearing, writing without factchecking, and reporting only one side of a story will be covered. A donation to pay their taxes will be accepted and she will be signing copies of their former federal tax liens. Ms. Ladd will give a dramatic reading of her two award-winning essays (They received The Jackson Free Press "Best Of" awards.) "Why everything is always about me" and "Why I cover murders better than anyone else in Jackson".

In the spirit of helping those who are less fortunate, Trollfest '09 adopts a cause for which a portion of the proceeds and donations will be donated: Keeping Frank Melton in his home. The “Keep Frank Melton From Being Homeless” booth will sell chances for five dollars to pin the tail on the jackass. John Reeves has graciously volunteered to be the jackass for this honorable excursion into saving Frank's ass. What's an ass between two friends after all? If Mr. Reeves is unable to um, perform, Speaker Billy McCoy has also volunteered as when the word “jackass” was mentioned he immediately ran as fast as he could to sign up. In order to help clean up the legal profession, Adam Kilgore of the Mississippi Bar will be giving away free, round-trip plane tickets to the North Pole where they keep their bar complaint forms (which are NOT available online). If you don't want to go to the North Pole, you can enjoy Brant Brantley's (of the Mississippi Commission on Judicial Performance) free guided tours of the quicksand field over by High Street where all complaints against judges disappear. If for some reason you are unable to control yourself, never fear; Judge Houston Patton will operate his jail where no lawyers are needed or allowed as you just sit there for minutes... hours.... months...years until he decides he is tired of you sitting in his jail. Do not think Judge Patton is a bad judge however as he plans to serve free Mad Dog 20/20 to all inmates.

Trollfest '09 is a pet-friendly event as well. Feel free to bring your dog with you and do not worry if your pet gets hungry, as employees of the Jackson Zoo will be on hand to provide some of their animals as food when it gets to be feeding time for your little loved one.

Relax at the Fox News Tent. Since there are only three blonde reporters in Jackson (being blonde is a requirement for working at Fox News), Megan and Kathryn from WAPT and Wendy from WLBT will be on loan to Fox. To gain admittance to the VIP section, bring either your Republican Party ID card or a Rebel Flag. Bringing both and a torn-up Obama yard sign will entitle you to free drinks served by Megan, Wendy, and Kathryn. Get your tickets now. Since this is an event for trolls, no ID is required. Just bring the hate. Bring the family, Trollfest '09 is for EVERYONE!!!

This is definitely a Beaver production.Note: Security provided by INS.

Trollfest '07

Jackson Jambalaya is the home of Trollfest '07. Catch this great event which promises to leave NE Jackson & Fondren in flames. Sonjay Poontang and his band headline the night with a special steel cage, no time limit "loser must leave town" bout between Alan Lange and "Big Cat"Donna Ladd following afterwards. Kamikaze will perform his new song F*** Bush, he's still a _____. Did I mention there was no referee? Dr. Heddy Matthias and Lori Gregory will face off in the undercard dueling with dangling participles and other um, devices. Robbie Bell will perform Her two latest songs: My Best Friends are in the Media and Mama's, Don't Let Your Babies Grow up to be George Bell. Sid Salter of The Clarion-Ledger will host "Pin the Tail on the Trial Lawyer", sponsored by State Farm.

There will be a hugging booth where in exchange for your young son, Frank Melton will give you a loooong hug. Trollfest will have a dunking booth where Muhammed the terrorist will curse you to Allah as you try to hit a target that will drop him into a vat of pig grease. However, in the true spirit of Separate But Equal, Don Imus and someone from NE Jackson will also sit in the dunking booth for an equal amount of time. Tom Head will give a reading for two hours on why he can't figure out who the hell he is. Cliff Cargill will give lessons with his .80 caliber desert eagle, using Frank Melton photos as targets. Tackleberry will be on hand for an autograph session. KIM Waaaaaade will be passing out free titles and deeds to crackhouses formerly owned by The Wood Street Players.

If you get tired come relax at the Fox News Tent. To gain admittance to the VIP section, bring either your Republican Party ID card or a Rebel Flag. Bringing both will entitle you to free drinks.Get your tickets now. Since this is an event for trolls, no ID is required, just bring the hate. Bring the family, Trollfest '07 is for EVERYONE!!!